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HomeMy Public PortalAboutCity Council_Minutes_1963-05-27_Regular 1963 (9)C I T Y C O U N C I L CITY OF TEMPLE CITY TEMPLE CITY CALIFORNIA MAY 27, 1963 1. iNiTIAT1O'i: The regular meeting of the City Council was called to order by Mayor Nunamaker at 7:30 P. M. In the absence of Rabbi Angel of the Temple Beth David, Mayor Nunamaker gave the 2. invocation. 3. The Mayor then led the Pledge of Allegiance to the Flag. 4. ROLL CALL: PRESENT: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker ABSENT: Councilmen -None ALSO PRESENT: City Attorney Shatford & City Manager Woollett 5, APPROVAL OF MINUTES: Councilman Fitzjohn moved to approve the minutes of the regular meeting of May 13 1963, as mailed, Councilman Merritt seconded, carried by the following roll call vote: AYES: Councilmen - Fitzjohn, Merritt, Nunamaker Tyrell approved For the part of the metting he was present NOES: Councilmen -none ABSTAIN U G: Councilman Dickason, who was absent UNFINISHED BUSINESS; 6. ORDINANCE NO, 63.106: 2nd reading. City Attorney Shatford read title to Ordinance No. 63 -106 AN ORDINANCE OF THE CITY OF TEMPLE CiTY ADDING SECTIONS 4274 AND 4275 TO THE TEMPLE CITY MUNICIPAL CODE TO REQUIRE ADHERENCE TO STANDARDS FOR RECRUITMENT AND TRAIN- ING OF POLICE OFFICERS AS ESTABLISHED BY THE CALIFORNIA COMMIS= SION ON PEACE OFFICERS STANDARDS AA) TRAINING. Councilman Tyrel moved to waive further reading of Ordinance No. 63 -106, Council- man Fitzjohn, roll call vote to carry as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None Councilman Tyrell moved to adopt Ordinance No. 63 -106, Council - man- Fitzjohn seconded, carried by the following roll call vote: AYES: Councilmen-Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 7. ORDINANCE NO, 63 -107: 2nd-reading, City Attorney Shatford read title to Ordinance No. 63 -107 AN ORDINANCE PROVIDING REGULATIONS FOR THE DIVISION OF LAND iN THE CITY OF TEMPLE CITY, CALIFORNIA, AND FOR THE PREPARATION AND PRESENTATION OF MAPS THEREOF, AND PRESCRIBING PENALTIES FOR ITS VIOLATION. Councilman Fitzjohn moved to waive further reading of Ordinance No. 63 -107, Council- man Dickason seconded, carried by the following roll call vote AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker NOES: Councilmen -Bone ABSENT: Councilmen -None Councilman Merritt moved to adopt Ordinance No. 63 -107 Council. man Tyrell seconded, carried by the following roll call vote: AYES: Councilmen• - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None NEW BUSINESS: 8, PRESENTATION OF CERTIFICATE OF RECOGNITION: At this time the Mayor requested William C. Pursley to come forward and commended him for his services as a Planning Commissioner since incorpora- tion, ynd during which time he served as Chairman of the Plannin Commission until a year ago. The Mayor then presented Mr. Pur- sley with a Certificate of Recognition from the City Council of 457 Council Minutes, May 27, 1963, page 2 the City of Temple City. The Council accepted Mr. Pursley's resignation with regret but due to his residence having been established outside of the City he was not eligible to continue on the Commission. Mayor Nunamaker stated this vacancy had to be filled and the Council had authorized him to appoint Mr. Norman A. Erickson of 5422 Cambury, Temple City. At this time he requested Mr. Erickson to come forward and City Manager Woollett gave him the Oath of Office swearing him in as a Planning Commissioner, following which he was congratulated by the Council and welcom- ed as a member of the City staff. 9. PRESENTATION OF PROPOSED 1963 -64 BUDGET: The City Manager at this time presented the proposed 1963 -64 Budget for the City and recommended a date be set for the first public hearing on the budget. Foliowing discussion it was agreed to adjourn this meeting to Friday, May 31, 1963, at 7:30 P. M. The Manager stated the recommended budget shows revenues of $961,915. and appropriations recommendation of $823,158. If accepted it would result in a fund balance for 1963 -64 year of $452,807. 10. PUBLIC HEARING: 8 :00 P. M.: CURB & GUTTER:south side of Longden from Loma to Encinita, and south side of Freer from Daleview to Farago. The City Manager first considered the south side of Longden from Loma to Encinata and advised the total footage involved is 404 ft., and the petition represented 308 ft. or 76.2 %. Mayor Nunamaker opened the Public Hearing and asked if anyone wished to speak for or aginst this installation. Mr. Wayne Stewart, 9220 E. Longden Ave., came forward and stated he was not protesting the installation, but requesting the Coun- cil before action to consider the alignment from Encinita which is a hazardous reverse curve. Foliowing considerable discussion the City Manager advised any decision made tonight will not effect the curb and gutter design as it is up to the engineers to design the placement of curb and gutter, and if the Council feels it should go in instruction may be given to the staff to see proper consideration is given in trying to straighten out this problem. Councilman Tyrell moved to close the Public Hearing, Councilman Fitzjohn seconded, carried by the following roll call vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None. There followed a discussion by the Councilmen regarding the alignment of this street, amount of right of way existing, and the best solution to this hazardous condition. Councilman Tyrel: moved to find the curb and gutter installation in the public interest and to instruct the Supt. of Streets to cause the work to be done with the engineering of plans and specifications to consider the street alignment and taken care of by the engineer and Traffic Commission, Councilman Merritt seconded, roll call vote to carry as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None The Council then considered the south side of Freer St. from Daleview to Farago. The City Manager advised the total footage is 343 ft. and the petition is signed by 100% of the property owners. Mayor Nunamaker declared the Public Hearing opened and asked if anyone wished to speak for or against the installation. No one came forward. Councilman Tyreil moved to close the Public Hearing, Councilman Fitzjohn seconded, carried by following vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None Councilman Tyrell moved to find the project in the public inter- est and to instruct the Supt. of Streets to cause the work to be done. Councilman Dickason seconded, carried by following 458 Council Minutes, May 27, 1963, page 3 vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen,None ABSENT: Councilmen -None 1 1 . SET PUBLIC HEARINGS FOR CURB & GUTTER ON THE FOLLO',! I '!G: a. west side of Pal Mal, Olive to Freer b. north side of Grand Ave., Persimmon to McClintock c. north side of Grand Ave., McClintock to Daleview d. north side of Olive St., Loma to Sultana Councilman Tyrell moved to set a Public Hearing for the above petitions for June 10, 1963, at 8 :00 P. M., Councilman Merritt seconded, roll call vote to carry as follows: AYES: Councilmen- Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 12. PUBLIC HEARING: 8 :15 P. M. APPEAL ZONE VARIANCE CASE NO. 63 -45 at 9441 EAST BROADWAY. Planning Advisor Cushman advised the applicant H. F. Gubler, conducts retail and wholesale business in sale of orchid plants and supplies in the area now zoned RA 5000, and he proposes a new office and salesroom of some 840 sq. ft. which would replace the existing building, 20 ft. driveway provides access to the greenhouses, the lot on Broadway is 50 ft. wide with depth of 290 ft. Broadway is a 60 ft. right of way. There are churches and a school area and single family dwellings. Mayor Nunamaker declared the Public Hearing open and asked if anyone wished to speak in favor of the request. Mr. Geo. Percovitch, attorney for the applicant, advised this operation has been in existence since 1949, with no change, and the appli- cant purchased the business in 1953. The retail sales amount to less than 20% of the business, the walk -in trade negligible, the large trucks delivering there about six times per year. There are only two employees on the premises and he is desirous of centralizing the office space. A schematic plan of the pro- posed building with plantings and fountains in front was sub- mitted to indicate the aesthetic appearance of the improvement. Mr. Hans Gubler also spoke favoring his request advising he would be maintaining the same activity he now has. There is no construction carried on there. The sample green house in front is display only and orders are taken on a commission basis for the manufacturer. Mr. Norris Powell, prior owner who sold the business to Mr. Gubler and now conducts the same kind of business: in San Luis Obispo, stated he was in business there from 1949 to 1953, the buildings were built under county restrictions, and could remain 10 yrs. or more with proper upkeep. L. A. Walters, 9422 Broadway, owns property facing the premises in questio; consisting of three houses and he is very much in favor of the improvement. The City Manager Advised Roy Townsend who lives adjacent to the Gubler property also had stated by telephone that he was in favor of the improvement. The Mayor then asked if anyone wishes to speak against this request. Mr. Stephen Winiecke, 5600 Heleo, stated his property adjoins this property to the rear and he objects to the opera- tion in the area and the trucks delivering there as well as to the pile of redwood shavings for planting piled on the rear of the nursery lot. City Attorney Shatford advised the protestants regarding the nature of these proceedings, and informed them as follows: "This Hearing has nothing to do with the use he enjoys. He is entitled to continue that use.-. The question here is that being a variance for use in a non - conforming zone when any changes in structure are to be made it must come before the Planning Com- mission and Council. The only thing involved here is the re- moval of the present building and a new building for office pur- poses. One thing this Council will want to consider is the Master Plan which will contain a new zoning ordinance which will blanket the whole city. Once the City has considered this if certain uses in existence when the new ordinance is adopted they will be deemed to be non - conforming. They can only exist during a certain period of time in order to up -grade the zoning. This 459 Council Minutes, May 27, 1963, page 4 is the reason you permit them to go for a period of time and then they must conform. If a permit is allowed for the new building a time limit on the use they could remain could be set so they could conform within a certain number of years to resi- dential or whatever deemed to be proper for the area. This Hearing concerns only the building. The use in no way will be altered, just this building. If he was going to increase the use so it would make more trucks coming and going, that evidence would be germain." _ Kenneth Briggs, 6215 Rowland, opposed the request. It was de- termined that his residence was 12 miles from this location. Blaine Bender , LDS Church at C3�overly and Broadway, spoke in opposition to this operation in a residential and church area. City Manager Woollett requested information from Planning Ad- visor Cushman, who informed the Council the business was es- tablished in 1949 and the RA zoning came in in 1953, and that he can operate as he is for at least a 10 yr. period or more, or for the lire of the structure with normal maintenance. Wm. Harker, Ch. of the Planning Commission, stated the feeling of the Commission was that his kind of use under present zoning was not desirable in this location based on adjacent useage, and would require a C -1 zoning. Rev. Lyman Ellis of the First Methodist Church spoke in favor, and it was also noted the Catholic Church in the area had not protested the improvement. The City Manager advised a protest had been received by telephone from Mrs. Muelbach, 5603 Heleo. Councilman Dickason moved to close the Public Hearing, Councilmat Merritt seconded, -roll call vote to carry as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen-None ABSENT: Councilmen -None There followed considerable discussion among the Councilmen - regarding the improvement and beautification, the traffic con- dition, and the placing of a time limit for use in conjunction with grantino the request. Councilman Merritt moved to over- rule the decision of the Planning Commission and grant the - variance requested with a 10 year time limit for useage stipu- lation and to instruct the City Attorney to draw a Resolution to that effect, Councilman Tyrell seconded the motion. Mayor Nunamaker spoke his opposition and his support of the Planning Commission decision. Councilman Tyrell called for the question and the motion was carried by the following roll call vote: AYES: Counellmen.Fitzjohn, Merritt, Tyrell NOES: Councilmen- iickason, Nunamaker ABSENT: Councilmen -None 13. RESOLUTION NO. 63 -285: Warrants & Demands Councilman Tyrell moved to adopt Resolution No. 63 -285, Warrants & Demands Nos. 2620 Through No. 2641, in the amount of $5674.43, Councilman Dickason seconded, roll call vote to carry as follows: AYES: Councilmen- Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 14. APPOINTMENT OF REPRESENTATIVE TO CALIF. CONTRACT CITIES ASSN. Mayor Nunamaker advised since Councilman Tyrell already repres- ents the City in his position of Treas. of Calif. Contract Cities Assn., he requested Councilman Merritt to be the Council- man designated as the City representative, to which he agreed, and Councilman Tyrell so moved, Councilman Dickason seconded, and carried. At this time Mayor Nunamaker introduced a letter from the City of Baldwin Park regarding a Resolution to the Board of Supervis- ors protesting against the raise in County taxes For 1963 -64. Councilman Dickason moved to adopt a similar Resolution, Council man Tyrell seconded stating the Calif. Contract Cities have also done likewise, followed by the roll call vote to carry: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 460 Council Minutes, May 27, 1963, page 5 COMMUNICATIONS: 15. City Manager'?Joollett presented letters from the L. A. County Boundary Commission regarding proposed annexations #329 and #330 City of El Monte, and #4 City of So. El Monte. Council- man Fitzjohn moved to receive and file, Councilman Merritt se- conded, and carried. The City Manager presented a letter from United States Commit-- - tee for the United Nations requesting October 24th be proclaim- ed as United Nations Day. Councilman Dickason moved to so proclaim, Councilman Fitzjohn seconded, carried by the follow- ing roll call vote: AYES: Councilmen- Dickason, Fitzjohn, Nunamaker NOES: Councilmen- Merritt, Tyrell ABSENT: Councilmen -None 16. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Rev. Lyman Ellis, of the First Methodist Church, reported on the Community Center Committee, advising following research they felt a Community Center for all ages was recommended rather than a Youth Center, with the building to contain an auditorium, place for Civic Clubs to meet rather than outside of the City, and various Civic activities as well as the Senior Citizens. It was estimated such a buildinc would cost $250,000. and various ways of financing were suggested such as a bond issue, and also he requested the Council to consider the amount of $10,000. In the 1963 -64 budget ear- marked for this purpose. He also suggested a member of the Council and of the Staff be appointed to sit with this Committee. Mayor Nunamaker requested Councilman Dickason to represent the City to which he agreed. City Manager Woollett will appoint someone from the staff. Mr. Leonard Taylor, 6373 N. Encinita, asked information regard- ing the half street dedicated in that area of Encinita, and was advised by the City Manager that this along with similar situa- tion were being investigated by the City and hoped to improve - this condition by contacting the people involved to get dedica- tion of the area needed to complete the street. 17. MATTERS FROM CITY OFFICIALS: The City Attorney read title to Resolution No. 63 -287 A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING EXECUTION OF A CONTRACT FOR ARCHITECT- ENGINEER SERVICES OF FICKES & FICKES RE DESIGN OF CITY HALL USING EXISTING LIBRARY FACILITY. Councilman Tyrell moved to adopt, Councilman Merritt seconded. Councilman Dickason stated he had prepared a state- ment which he wished read into the record as follows: "STATEMENT OF COUNCILMAN HOWARD DICKASON CONCERNING THE PROPOS- AL OF AN ADDITIONAL REMODELING EXPENDITURE OF $112,000. OVER THE ORIGINAL ACQUISITION PRICE OF $56,000. I received my copy of the proposed budget last Thursday after- noon. In it I observed an item calling for $168,000. for a new City Hall. This surprised me for I knew we had agreed previous, ly with the County to purchase the existing library building and site For $56,000. for use as a City Hall. What I didn't realize was that the changes to the building were going to cost an additional $112,000. The same evening we had a closed session to appoint a new planning commissioner. After this we returned to regular session to look at the architects plans for the new City Hall. We all agreed that he has done an excellent job as shown by the architectural rendering and functional planning. Before the meeting was adjourned a motion was made and passed that the Architect and our City Attorney prepare a contract for the Council's consideration at our meeting tonight. My vote was 461 Council Minutes, May 27, 1963, page 6 was the lone dissenting vote on that decision. My objection was threefold. First, it was apparent to me during the meeting that there is an attitude by some of my colleagues to railroad this through post- haste before we can get any public reaction. This is such a major item in the budget that I believe we should give it a• thorough airing in a meeting with the press and public present. I don't believe the public or press knew we were going to re- turn to a regular session after the scheduled executive session' Thursday nicht. The procedure may have been legal but I object to it on a matter of principle where decisions of this magnitude are to be made. Secondly, there are many needs for expenditures in Temple City which I don't believe we have had a chance to exchange views on in public budget sessions. These sessions will be held, I under stand, in the near future. Since the proposed sum of $168,000. for a new City Hall represents most of the money available in the budget, naturally any other projects, no matter how worthy, must suffer if we commit it before budget sessions. Third, and perhaps the most compelling reason for deliberating- about this in budget sessions, is the fact that we would be ex- panding City Hall space nearly 300 %. Now this does not make good business sense and i do not subscribe to theory that gov- ernment should not be run like a business. The library building as it stands will give us about 10% more space. Isn't there a possibility that this would suffice for a year or two with minor modification while the funds could be utilized in a manner in which the taxpaying citizen of this community could benefit far more than they would from a beautiful City Hall. I have some suggestions to make but will make them at budget sessions if it isn't too late. Again i leave you with this question. Why do we need a City Hall nearly three times its present size and why do we need a Council Chamber twice the size of this one, when we seldom get more than twenty people to the typical meeting ?" Mayor Nunamaker advised the regular meeting of May 13, was ad- journed to May 23, and the press and public were aware of it. He also commented about the building being in harmony with the new library and county building. Councilman Tyrell stated the $56,000. was already committed with. the County some time ago by virtue of trade of libraries. Any delay in arriving at a decision naturally delays completion of any modification and causes the City to pay more rent for the present location. At present capacity seating in the Council Chambers is 100, in the new plan 140, so not double the present space. Also four rest rooms comparing to one now. We have had occasions when seating was not ample here. He felt the comments of Councilman Dickason were not well taken as the meeting on Thursday evening, May 23, was perfectly proper, and actions were legal. Councilman Fitzjohn stated he thought Councilman Dickason was right in watching the tax payers money. However he felt that possibly in a few years with revenues climbing future Councilmen might consider building a new City Hall at great expense, and if this Council modifies this existing library to a City Hall adequate for say 25 yrs. it would be a good investment. Councilman Merritt stated it has not been a secret that we were taking over the old library and remodeling it into a new City Hall, and he cannot go along with Councilman Dickason's thinking call vote to carry the motion as follows: AYES: Councilmen - Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen- Dickason ABSENT: Councilmen -None 462 1 Council Minutes, May 27, 1963, page 6 City Manager 'loollett read a letter from Thomas Lumsdon, Assist- ant City Attorney, resigning from this position as he is no longer associated in business in the City. Councilman Tyrell moved to accept with regret and have a suitable Certificate of Recognition prepared, Councilman Merritt seconded, and carried. City Attorney Shatford read title to Resolution No. 63 -286 A RESOLUTION OF THE CITY COUNCIL OF THE C I'TY OF TEMPLE CITY, CALIFORNIA, APPOINTING WALTER T. SHATFORD 11 AS ASSISTANT CITY ATTORNEY. Councilman Tyrell moved to adopt Resolution No. 63 -28C, Councilman Fitzjohn seconded, roll call vote to carry as follows: AYES: Councilmen-Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None Councilman Tyrell commented in the L.A.Times Gov. Brown made the statement that -no transportation system can be built without the aid of the tax- payers. The Contract Cities Assn. indicated that it could be built without taxation and would be paid out of fare - boxes, Councilman Tyrell moved to have the City Attorney draw a Resolution to that effect, Councilman Dickason seconded,, roll call vote to- -carry as follows: AYES: Councilmen =Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: CouncilmenrNone ABSENT: Councilmen -None The comment was made Alweig would build such a system for $170,000,000. without. taxation. City Manager Woollett due to the Flood Control storm drain in- stallation on Baldwin causing some confusion requested permis- sion to post Not a Thru Street signs on the east side of Robinhood, and also on the north side of Duffy at Wilmonte. - Councilman Tyrell so moved, Councilman Fitzjohn seconded, carri- ed by the Following roll call vote: AYES: Councilmen-Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen�None The City Manager read title to Resolution No. 63 -283 A RESOLU- TION OF THE CITY COUNCIL OF TH E CITY OF TEMPLE CITY, CALIFORNIA, APPROVING TRAFFIC COMMISSION REQUEST TO STATE DIVISION OF HIGH.- WAYS FOR APPROVAL OF MARKED PARKING PLAN ON WEST SIDE OF ROSE-- - MEAD BLVD. BET AEN LIVE OAK AVE. AND LAS TUNAS DRIVE. Council- man Tyrell moved to adopt Resolution No. 63 -288, Councilman Fitzjohn seconded; carried by the following called vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker; NOES: Councilmen -None ABSENT: Councilmen -None 18. ADJOURNMENT: Councilman Tyrell moved to adjourn to Friday night, May 31, 1963: at 7:30 P. M. at 7:30 P. M., Councilman Dickason seconded, and carried. Council adjourned at 10:30 P. M. `. ATTEST: Ceti y Clerk 463